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2026 DAILYLAW 6522 (ORI)

DEEPAK DAS @ DEEPAK KUMAR DAS v. STATE OF ODISHA

ABLAPL/3148/2026 · 2026-04-24

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3148 of 2026 Deepak Das @ Deepak Kumar Das …. Petitioner(s) Mr. Susanta Kumar Baral, Advocate -versus- State of Odisha and another …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 24.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Sahidnagar P.S. Case No.13 of 2021 corresponding to C.T. Case No.130 of 2021 registered on the allegation of the offences under Sections 34/420/467/468/471 of I.P.C. pending in the Court of the learned J.M.F.C. (Cog. Taking)-3, Bhubaneswar. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case, in brief, is that on 08.01.2021, the informant lodged a written report alleging that he had purchased a parcel of land from one Manoj Kumar Lenka on 25.06.2011 for a consideration amount of Rs. 57,00,000/-. However, at the time of constructing a boundary over the said land, another person raised an objection claiming ownership over the same. It is further alleged that upon being confronted, Manoj Kumar Lenka repeatedly assured the informant that he would provide an alternative plot of land, but failed to do so. The informant has also stated that in the year 2014, he approached the present petitioner regarding the said issue, who likewise assured him of resolving the matter, but neither provided any alternative land nor refunded the money. It is further alleged that the informant made several attempts to contact the petitioner again in the year 2016, during which period Manoj Kumar Lenka was in judicial custody, but no resolution was forthcoming. Hence, the F.I.R. was lodged. 5. At the instance of the informant, the F.I.R. dated 08.01.2021 in Sahidnagar P.S. Case No.13 of 2021 has been registered against the petitioner. After investigation, charge-sheet has been filed in the present case on 24.05.2025 showing the petitioner as an absconder. Hence, the learned Court below has issued NBW against him. 6. Learned counsel for the petitioner submits that the petitioner had no knowledge regarding the pendency of such case against him. Only after the issuance of NBW, he came to know about the same and approached this Court. He further submits that the principal accused, namely Manoj Kumar Lenka, who has already been arrested in connection with the case, has been enlarged on bail, and the dispute between the parties has already been amicably settled. Therefore, he submits instead of pressing this application, he would rather surrender before the Court below and pray for same day decision on his bail plea. 7. Since the petitioner has been absconding as per the charge-sheet, I am not inclined to entertain the anticipatory bail application, however, as per the prayer made by the counsel for petitioner, the petitioner may surrender before the learned trial Court on or before 20th May, 2026 and move application for regular bail. If the petitioner surrenders and move application for bail, it is expected that the learned Courts below shall decide the bail application on the same day on its own merit. It is open for the petitioner to urge the aforementioned all the grounds before the Courts below including the ground of parity. 8. With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Swarna